VIC Should Lawyer Give Executor Copy of the Will?

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Tommo1

Member
10 December 2016
2
0
1
Melbourne Victoria
I have a query re a lawyer. He was sourced by my sibling to do an urgent will for my late father. We were co executors of the will. The problem with my sibling is that he has been using my father's lawyer himself, against me as there are a lot of problems with the will.

I have emailed the lawyer repeatedly, nicely requesting a copy of my late father's will. He hasn't even replied to my emails at all. I have checked that they have been received.

Question is, aren't I automatically entitled as a co executor of will to have a copy of the will? Shouldn't this lawyer provide courtesy to respond to myself as a co executor?

My other pertinent question is, is this lawyer legally allowed to represent my sibling, given he also drew up the will for my late father?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,

Yes you should be given the same access to the will as your sibling. I would speak to a lawyer and get them to address the conflict of interest. A lawyer who represented your late father and now represents a beneficiary of the will would likely be viewed as having a conflict of interest.

If you want to check the Law Institute of Victoria has an Ethics Advice Line. They can probably tell you what can be done as well.
 

AdValorem

Well-Known Member
20 August 2015
57
8
224
Perth
Hi Tommo1

If you are a beneficiary you are entitled to see the will under s 50 of the Victorian Wills Act 1997 if the will was made on or after 20 July 1998.

Please follow this link for more details.

In your capacity as executor you must be given a copy of the will.

Have you sighted your father's will and your appointment in it as one of the executors?